BALMUKUND Vs. GENDALAL

JUDGEMENT

(1.) THIS appeal had previously been decided by me on 8 -8 -1962. But the decision was set aside by me at the instance of one of the parties in Misc. Civil Case No. 128 of 1963, dated, 11 -9 -1963 on the ground that one of the respondents had died prior to the delivery of the order. Therefore, the appeal has been heard again after substitution of legal representatives of the deceased respondent.

(2.) THIS appeal under section 47, Civil Procedure is by the decree -holder against the order, dated, 9 -1 -1962 passed by Shri S. S. Pancholy, Additional District Judge, Barwani, in Misc. Civil Appeal No. 17 of 1961, arising out of the order, dated 15 -3 -1961, passed by Shri L. P. Gupta, Civil Judge Class II, Anjar in execution case No. 55 of 1959 arising out of the decree, dated 2 -9 -1950 in Civil Suit No. 91 of 1949.

(3.) THE learned Judge of the executing Court dismissed the judgment debtors objection holding that the previous order of the Collector or of the executing Court did not operate as resjudicata. It was also held that the judgment -debtors were not entitled to protection afforded by section 71 (2) of the M. B. Land Revenue and Tenancy Act, 1950, but only to the exemption granted by Section 165 (7) (a) of the M. P. Land Revenue Code. 1959, which exempts only 10 acres of land from attachment and sale.